know that road is open. you don't have to worry about it. you don't have to worry businesses will suffer or you can't get kids to school. >> caltrans says digging through the mountain side was a big challenge. they had issues to work around, and it also had been a while since they'd done them. >> last time was in 64. these are longer tunnels about 4400 feet long. locker than the caldecott tunnel. >> residents played a key role and some say there are times when they had doubts this day would arrive. they knew they had to keep fighting. >> resources here are unparaleld throughout the world. they're just irreplaceable. we knew we couldn't sacrifice this for a huge inland bypass. we didn't have to. a tunnel is a better more elegant solution to this

ongoing problem of highway 1. >> today, residents and caltrans crews and officials say they're ready to celebrate. >> you will not get too many chances in one's lifetime to work on infrom a structures such as this. these are history-making projects. >> tonight they have paving and striping to do. they're not sure when they'll get that scrapped up but do they they'll have tunnels open for tomorrow morn's commute. >> santa clara county officials are calling their second gun buy back of the year a success, officials collected 610 guns on saturday, paid more than $60,000 for people that no longer wanted their firearms. those dropping off weapons got $100 for hand guns and rifles. more than 1100 guns were purchased in the first buy back of the year just three weeks ago. >> no noisy protests this time. health in san francisco reached a five-year labor agreement with workers.

last time negotiations dragged on 18 months and became very contentious. the contract gives workers a 4% increase each yeerk it's up to employees to decide how to contribute the money. >> stockton is fighting to become the largest u.s. city to file for bankruptcy. they base their budget on anticipated developer fee skpinz creasing tax revenues but that vanish whtd mortgage bubble burst. creditors more could have been done to cut employee pensions. the trial is expected to last four day autos freezing temperatures and snow could not detour dozens of people in washington hoping to hear the high court take up the two gay marriage cases tomorrow. you can see them huddled under umbrellas and tarps. the lines began forming on thursday with some people paying others to hold their place in line. the court seats about 500

people and 50 seats are expected to go to the public. tickets are handed out on a first come, first served basis. >> marriage equality advocates will meet for a rally at harvey milk plaza at the castro. then at 7:00 will march for a second rally starting at 8:00. abc 7 news mark matthews is in the news wroom a preview of the arguments. >> the bay area has a lot of interest as you know in the hearing. san francisco among the first cities to issue marriage licenses to same-sex couples. two women from berkeley makeup one of the couples behind this lawsuit. outside of the supreme court, wait continues as would be spectators lined up. tomorrow, around 7:15 charles j cooper will have a half hour to make the case in favor of prop 8. the justices will no doubt

question whether supporters have the legal right to be in court on behalf of the ban after the state decided not to defend it. randy thomasson is behind prop 8. >> we should not alout federal judish yairy to destroy the vote of the people. >> he will face questions on why the courts should overturn the vote of the people. mayor ed lee says san francisco's done what it can. >> it is up to the supreme court to make it the law of the land you can't discriminate in the area of marriage. >> u.s. solicitor general will have a final 10 minutes or och sigs. he represents the president and will likely be asked about mr. obama's shift to support same-sex marriage. a key justice to watch will be justice anthony ken neddy. he has been a strong degrernd of gay rights and a champion of state ri.s he could be the

swing vote. the court could dismiss the case for want of standing which would allow same-sex marriages in california. the court could rule prop 8 is unconstitutional, it could threaten similar bans in other states or could leave prop 8 in place ruling states have the right to decide for themselves. the 9th circuits decision states voters didn't have the right to take away the freedom california supreme court already granted. coming up at 6:00 state attorney general will weigh in along with one of the berkeley women who is one of the plaintiffs in this case. a quick correction. i said prop 8 vote was 2004. it was 2008. on california voters ban same-sex marriage in the state. reporting from the newsroom abc 7 news. >> thank you. >> abc 7 news is in washington, d.c. and will be sitting in court when the supreme court considered

proposition 8. the live reports begin tomorrow here on abc 7 news. >> washington, d.c. people waiting outside of the supreme court wint jer not over yet. >> so far two deaths are blamed on the stompl. 1300 flights have been cancelled. the storm moved east giving areas more snow than they'd seen all winter long. >> now, spencer christian is here with an accuweather update for us. spencer? >> not very spring like but no snow. there is a look at the cloud cover. a wide area of scattered moisture looking impressive here, we're picking up moisture in the atmosphere. back to the bay area looking towards golden gate you can see lots of cloud cover and it's cool. it has not been able to warm up much today.

another live view shows lots of cloud cover and cool conditions. temperatures into low 60s now in fairfield and los gatos, partly cloudy skies and cool, becoming cloudier overnight. by afternoon tomorrow, more sunshine than clouds. not very mild, highs ranging from 56 at the coast to 68 in inland locations. and there may be showers later on the horizon. >> we'll see you then. >> update now on the service dog stolen from its owner inside of a bart train. police received a tip on the dog's whereabouts led them to a house where they found that 1-year-old dog. he has been reunited now with the owner who says she needs the dog to calm panic attacks. she was taken while the owner slept on the train. they were headed home from an

spca fund-raiser but a nice, happy ending. >> still ahead on abc 7 news at 4:00 irs coming under fire for this, what this star trek parody was made for and how much tax money was used to pay for it?. >> the government spends millions of dollars for presidents once they leave the white house, who is the costliest former president? >> and the future of a south of market nightclub after three people were shot there over the weekend. >> and on twitter at m finney. >> taking a look now at the san francisco skyway. looks about typical for this time of the day. very heavy traffic for drivers on the left-hand side of the screen. better for drivers heading skpouj beyond. abc 7 news at 4:00 continues right after this.

the indian unit of ford is apologizing for a series of ads that demean women. one is showing former illustration of paris hilton and kartd yashin sisters. the ads caused an uproar coming just after india passed a law on violence against women following the gage rape and death of a student. the ad posted online in an

agency hired by ford and never used commercially. ford says it regrets the images. >> strange regulation to go where no government employee has gone before. >> yes. they did go there. irs is taking heat for this 3-year-old training video. the crew out to safe planet no tax. this and another video cost 60,000ses today produce. not a good thing when the government is cost cutting but the irs says it saved training expenseses. the other training video a gilligan's island parody. >> our tax dollars are paying for presidents after they leave office. a report that the government spent $3.7 million for things like pensions, office staff, and expenses like postage.

the most money was spent on former president george w. bush. that includes $85,000 in telephone costs. president bill clinton came in second, nearly $1 million, followed by george hw bush at $850,000. costs for jimmy carter, the only other living president came in at about $500,000. >> twitter coe -- ceo gives insight into the world of social media. >> that is right. emily chang is here with the after the bell report live on location tonight. hi, emily. since becoming ceo he helped trance form the company into a global communications power whous a steady revenue stream.

here is what he had to say in the field of social media. >> i think it's fair to say that we don't let other company decisions affect the way we think about where we're going. have you to understand the competitive landscape and know what other people are doing souk be thoughtful about whether you need to move faster or prioritize this over that in a particular quarter but... in the general scheme of things in the vision of where we're going we don't let those other things change our notion of what we're appearing to be. >> ask early in the day stocks lower your bloomberg silicon valley index shares of oracle and ebay weighing there.

and mark zuckerberg reportedly joining to start a new political group focusing on issues important to the tech community like immigration and education reform, zuckerberg reportedly ready to spend $20 million on the venture including a bipartisan group of consultants. at the rosewood hotel in menlo park, back to you. >> emily, thank you so much. >> feel like having chocolate? >> you've known me for years. i always do. >> in belguim all have you to do is send a letter. >> the country released stamp that's smell, look and smell like chocolates. >> perfumed stamps have been made in the past. this is the first time they're able to taste the flavor when licking the back of the stamps. there is an idea. that is what they need. >> it's a good idea.

>> that is the best chocolate in the world. no rain and cool for spring but it's feeling good out there. here is a a look out there. we've got temperatures down a little bit but no rain threatening us in the forecast future. just north we have a wide area of scattered moisture. you can see that maybe you can't see this, but much of this is not hitting the ground. there is a slight chance of showers thursday, rain possible for easter sunday. we'll watch the probability that have closer to the weekend. satellite shows animating it clouds moving into this area. and looks like we're going to have a steady flow of clouds

throughout the week. they're just may be enough of a build up to produce a spritz around thursday or so. clouds continuing to push into tomorrow a slight chance of light showers. way up in the north bay most of us will probably not see showers. overnight, low 40s in the north bay valleys. and tomorrow, partly cloudy skies throughout the afternoon high temperatures mid 06s in the south bay. and up to 63 in redwood city. 50s on the coast. downtown san francisco, we'll come close to 60 degrees tomorrow, perhaps 59 to be more accurate. north bay highs mid-60s, 65 in santa rosa. 66 napa. east bay highs of 64 at

oakland and san leandro. inland east bay, highs mid to upper 60s up to 67 at pleasanton. looks like a slight chance of showers on thursday. milder weather friday with clouds thickening a bit. sunday, cool, that looks like our best chance of rain in the next seven days we'll keep watching how things develop as we approach the weekend to give you a better idea of the probability of rain. >> coming up next, actress tilda swinton in a different performance. >> then at 4:30 reaching new heights. inspiring story between one father and son aesz mission at mount refrest. >> taking a look live at mcarthur maze, you can see this time of the day evening commute well underway.

sticky, those folks on the left on the right they're heading to the bay bridge. stay with us. the news at 4:00 continues in

>> newest exhibit in new york is tilda swinton. >> it features swinton

sleeping in a glass box all daichl she presented the piece saturday and will do it again six more times this year. >> i mean that is her sleep tlchlgt it's not wax. museum did not announce the piece beforehand but it's gotten a lot after tension online. tweets can be found by searching hash tag, the maybe. >> seems like a good work if you can get it. >> really. a piece of pop history hits the auction block and lil wayne is back to court. >> after being hospitalized rapper lil wayne is back to work and planning a summer tour, he's saying he's feeling better as of today, will hit the road in birmingham, alabama. the tour stops in 40 city as cross the u.s., stars of stage ask z.screen joined forces to celebrate the humane society at 2013 again sis awards says

her family has been saving animals for years. >> it's a family affair, my mom is crying bit because it's something we all do, together. >> a award michael jackson received for "thriller" is hitting the auction block. it's affected to fetch at least $100,000. find out which movies dominated the weekend box office right now on otrc.com. >> still ahead a san francisco nightclub says it's had enough. >> that is light -- right, dan. owners of a nightclub where three people were shot saturday morning are calling it qismts they're shutting

down doors for good. that story is coming up. >> and outrage from residents from newton, connecticut. >> how a simple breath test can be key to a healthy heart. stay with us. of walking

to give a breast cancer survivor a lifetime-- that's definitely a fair trade. whoo! you walk with friends, you meet new friends, and you keep those friendships. it was such a beautiful experience. (woman) ♪ and it's beautiful ♪ undeniable (woman) why walk 60 miles in the boldest breast cancer event in history? because everyone deserves a lifetime. visit the3day.org to register or to request more information today. ♪ burning like a fire ♪ building up from deep inside it was 3 days of pure joy. susan g. komen's investments in early detection and treatment have helped reduce breast cancer mortality

in the u.s. by 33% since 1990. help us continue serving the millions of women and men with breast cancer who still need us every day. register for the 3-day now. (woman) it's just been an amazing, amazing journey. i love these people. ♪ and it's beautiful

abc 7 news learned san francisco nightclub where three men were shot this weekend closed forever. >> that is right. owners of 330 rich are shutting down following the worst case of nightclub violence in years. abc 7 news reporter vic lee is live with this new development. vic? >> the owners apparently made up their minds after this violence saturday morning. they came over here to city hall today to tell officials of the entertainment commission of their decision. >> they have surrendered their entertainment permit to us meaning it will never be 330 rich again. >> the executive director of the commission told abc 7 news she met with owners of the

club this morning. they told her they're shutting down after gunfire erupted at the nightclub saturday morning. three patrons were shot. one sent to the hospital in critical condition. witnesses said it apparently started inside after two men were arguing. dozens of shots fire bid gunmen. shell casings found not only inside of the club but up the alley to a parking lot on brannon street. police say this was the worst case of violence in entertainment venues since a man was killed and four others wounded in the suede nightclub shooting three years ago. supervisor hsu sponsored number russ bils we thought numbers were going down but there have been indication that's this is a problem not going away. >> after the suede shootings, the superviseors gave the

entertainment commission power to act quickly every time there is trouble. saturday, after the shooting the commission did just that. under their new powers they issued an emergency suspension which closed the club for the rest of the weekend. >> we can now do something immediately bring people in to do something administratively without a full blown hearing. >> and again, owners have decided to close its doors for good. there have been no arrests in this shooting but we're told by san francisco police that there is plenty of security video which investigators are reviewing now. tonight a stern warning from mayor ed lee tonight club owners. >> san mateo county sheriff's department is warning residents of san carlos about a rash of residential

burglaries. if someone answers the door the thief typically asks for directions if no one answers they break in and rob the home. >> family and friends remember beinging a soldier from the bay area after he died after being shot in afghanistan. he died on nurse a center in germany. injured in a shootout last week in afghanistan just days before he was scheduled to return home. friends remember him as a nice man and he loved his family. >> he was a good kid. i feel sorry for him and the family to honor him and all of

the service men there. >> he graduated from high school and had previously served in iraq. >> afghan president hamid karzai says his recent comments that made officials in washington angry have been misrep sentd. accusing the u.s. of kol you'ding with the u.s. to keep afghanistan weak. kerry says they're now on the same page. accusations came amid u.s. plans to hand over stick responsibility by the end of next year. u.s. handed over control of the detention facility to the afghan government. both sides agreed to the transfer a year ago. but it was held over up over release of prisoners. afghanistan agreed not to

release prisoners considered dangerous. >> people of newton connecticut are upset over a new robo call campaign including their city less than three months after their shooting. nra says it's the same thing they do across the country. the senators demanded they stop robo calls. one resident said is being insensitive. he's angry. >> has been pushed on us without asking permission for discussion is inexcuseable. >> in response, connecticut lawmakers are working on some of the strongest gun control measures in the nation. >> president obama wants the immigration system modernized and calling on congress to take action. president spoke after a new

citizenship ceremony. he says the country needs to do a better job of welcoming the best, brightest from around the world. >> to make someone american isn't just blood lines. it's not just an accident of birth. it's a fidelity to our founding principles. a faith in idea anyone, in where with k.write the next great chapter in this american story. >> 28 immigrants from more than two dozen countries took the oath today. >> lottery officials say the winning ticket for saturday's $338 million power ball game was sold in a liquor store in new jersey. the store is locate in new jersey and the owner says he's going to share some prize money with york workers. it's not known who bought the

ticket, though. officials say it's common for winners to claim prize and to wait a bit before they do. >> unusual someone winning a prize this large whether a sole person or a group often take their time. we don't hear from them right away because they're seeking professional advises vice. >> if wondering lump sum payment is $221 million. about $152 million after taxes. >> worth getting advice. >> if you can afford it. >> boys of nascar at it again what. caused this brawl? >> and a father and son successful mission and the inspiring message they want to share with others. >> i'm still taking your questions on twit skbrer facebook. -- twitter and facebook. i'll answer questions here

live in a little bit. >> looking at western sky, we can see clouds and it's a relatively cool day. i'll have the accu-weather forecast coming up. >> taking a look right now at traffic on the golden gate bridge. it's slow here at the toll plaza for those drivers trying to make their way into san francisco. toll plaza changes to all electronic this wednesday that. means there will be no more toll takers at golden gate bridge.

tensions flaring in nascar, tony stewart takes several swings at joey laganno, upset laganno blocked his car in the race. this after an amazing finish in which laganno collided with another driver seconds in front of the finish line. >> angry. >> they are. >> an oregon teen becoming the first person with down's syndrome to climb to the base of mount everest. >> the 15-year-old ask his dad climbed 70 miles, nearly 18,000 feet in two weeks. this is video of the climb. >> the two made the trip to raise awareness for children with disabilities.

his dad said his son led the way. >> him just completing something that as far as we know, no other teenager with down's din drom has done, so it's monumental. >> they flew back into los angeles friday greeted by just a crowd of supporters. the trek raised $85,000 and the goal is $100,000. no doubt they'll achieve that goal. >> what an achievement. >> let's check in now with spencer christian. >> yes. he's here as we head back to work. >> you can see it's cooler than last week but tomt north a wide spread area of scattered moisture. light showers hitting the ground. tomorrow a quiet day. areas of light showers pushing through dry in the nation's

mid section. and tomorrow, dry but with cloud cover, a little bit damper in the northern half of the state. possibly even in the higher terrain here tomorrow. we're not expecting showers to be seen tomorrow. it will be a sunny afternoon. highs in mid-60s around the bay. mid to upper 60s inland locations on the coast. looks like we'll have intervals of clouds with us throughout the week ahead. >> thank you. >> coming up next why one of the world's richest men is tackling the issue of condoms. >> how a single breath into this device could hold the key to your heart health.

>> are home care workers exempt from overtime pay? it's a question, i'll have the answer coming up. >> stay with us for that. now here is diane sawyer with a look at world news at 5:30. >> hello, carolyn and dan. everyone in the day area watching us battle gold weather. there is a new forecast on spring flooding and what to do if your car ends up in the water, it could be 30 seconds to save your life, tonight. and also, she did it. the walmart clerk singing country music to make people happy. the grand ole opry called and she ma

he made billion was windows now bill gates is looking for a belter user exkbreerns in another field, condoms. kbaits offering $100,000 for anyone who can come up with a better condom. the gates foundation wants better protection to protect

hiv transmission. the winner of the challenge would get $1 million in funding. >> doctors may now be able to detect heart failure with a breath. take a look well. have video from the cleveland clinic news service. researchers found paish jents a different breath print than healthy people. new signeddings could help improve treatment autos many get admitted to the hospital frequently. they get back in the hospital. so this is to identify when has heart failure, who has not? it's important to be able to manage them appropriately. >> researchers believe breath can reveal information about health in addition to heart failure. the study can be found in journal of american college of cardiology. cdc conducted a national survey of 1300 mothers, 40%

said they gave babies solid food before four months old. doctors recommend waiting until a baby is six months old when developing proper gut bacteria. >> johnson and johnson recalled a specific glucose meter. johnson and johnson says instead of providing a high level, it simply turns off. the company worries users can delay treatment. one person has been injured. johnson and johnson will send a new meter to anyone with the model but says users should call their doctor if the meter turns off. i work for a private home health care company seven days per week.

are home care workers exempt from overtime pay? >> is it horrible have you to ask that in today's world? if you live at the home you may not be guaranteed legally overtime pay. however, if you work out of a home, you probably are. and you're probably for sixth and seventh day you should be getting time and half, probably. now you want to go to the state department of industrial relations they're fabulous down there. you need them to make sure and clear it up. if you live in the home they don't have to do it. if you live out of the home, they do. >> dieana called and asked there were bed bugs in a restaurant. who do i report this to debesides the man zbher.

>> these are everywhere. it doesn't mean the restaurant was dirty it means a person that was there one moment before you brought one in on a hat. what you do is get a hold of the department of public health in your county. they'll go by and z.check it out. >> this question from joe g. joe writes if a car owner accepts a warranty enhancement how does that affect the class action lawsuit? it doesn't affect the class action law yut if you accept that, you've got to check, but that generally means you're out of the class action lawsuit. they've settled with you. those who don't take it go to court and see if they're going to win or not. >> thank you. >> up next a decision that may affect proposition 209.

>> that is california's affirmative action law. >> coming up, pressure may pay off. what a hotel plans to do with a cherished an) 3 days of walking

to give a breast cancer survivor a lifetime-- that's definitely a fair trade. it was such a beautiful experience. (jessica lee) ♪ and it's beautiful (woman) why walk 60 miles in the boldest breast cancer event in history? because your efforts help komen serve millions of women and men facing breast cancer every year. visit the3day.org to register or to request more information today. it was 3 days of pure joy. ♪ and it's beautiful

here is a look at the prime time line up. at 8:00 it's two hours of dancing with the stars followed by castle then join dan ashley and me for abc 7 news at 11:00. >> the supreme court takes on historic same-sex marriage battle the court also decided today to review another case that may affect california's proposition 209. abc 7 news is in the news wroom a look for us. leanne? >> that is rate. michigan has an antiaffirmative action law many people called a clone of prop 209. it's michigan's law the

supreme court will review and outcome expects to affect us here, in california. prop 209 ban as firm tiff action meaning race could molt be taken into affect in public education, employment and contracting. michigan voters 10 years later did the same but two years ago the court of appeals declared the ban unconstitutiona. now, the supreme court has been asked to weigh n which is why these civil rights leaders gage yord to say smi ni decision will affect what happens here in california. >> we're seeing if it's unconstitutional to violate rights in michigan then why is it being done in california? >> in the first year after prop 209 passed, uc bolt lawsuit reported of the 271 students admitted only one was

african american. tanya capner is an example of how things changed. >> so you face a situation where i was the only black student in the class after the ban for education program that. is just unacceptable. >> ward connereely is considered to be the man behind prop 209 and michigan's antiaffirmative action law. >> there is nothing more fundamental in my view than right to equal treatment bit government of every citizen in this country. >> bertrall ross teaches law at uc berkeley. >> two laws are similar to each other. i would say whatever the court says about prop 2 would have the same impact on prop 209. >> the supreme court will reaffirm the antiaffirmative action law in the fall. one footnote on the matter of prop 8, connelly has opposed prop 8 calling it discrime in a tori against same-sex

couples. >> and thanks for joining us for abc 7 news at 4:00. a reminder abc 7 news alarm clock app is available now for your android and on google play. it's still available if have you an iphone. >> what it took to end a debate about how to fix that road. >> live from the roof of the kgotv broadcast center. chances of showers this week, i'll let you know if this will affect your eastern plans coming up. >> checked with amber alert. and the plates matched. >> an alert worker turns crime fighter helping police rescue a baby from a car. you'll hear from him as well

as the first officer on the scene, next. >> good evening, i'm dan ashley. >> there is relief that a baby girl is safe after a five-hour ordeal to find her. >> her mother says the jeep was stolen near highway 680. the jeep was found about six miles away near east capitol expressway. we have live team coverage. sergio, let's begin with you. >> the baby found close to a community center, you can see on the field there is a a couple baseball play glerz this alley. the jeep spotted here by a worker in this air. you can see she was taken so

san jose, found to julio. >> i saw a car that doesn't belong here, i had an amber alert on the phone. i called pd. >> he says the operator asked him to stay with the white jeep until a police officer arrived. ininside he can see the baby was fine and remained calm as police arrived and took her away. >> confused maybe. but it wasn't crying like crying a little bit. then, just looking around. >> this started at 6:45 this morning when her mother put the infant in your vehicle at her home. and an unknown woman got in and drove away. about four hours later, miles away, julio who is a maintenance worker spotted the white jeep police passed on the news to a distraught mother. >> the mother trying to

explain this situation to the detectives. crime emotional holding a rosary. >> the baby is safe but the investigation continues. police canvased the neighborhood to see if anyone saw the woman here, it and was towed away, you can see police dusting doors for prints. and at this hour, investigators don't have a motive as to why that person would have hopped in that jeep. investigators trying to compile if anyone happened to see the driver of the jee. they're hoping they will call police. >> the baby was taken to get checked out by doctors nick smith is stand standing by live with the girl's condition.

>> the thing everyone wants to know is how is baby gabby doing? she's doing well, a hospital spokesperson confirmed with us that the baby was discharged just after 3:00. she and mom left. we know that that was after a medical assessment was formed the baby was in good health. take a look at this video. we were there he over the scene when the baby girl arrived. less than an hour ago we spoke with an officer from san jose police department. the father thief is a 14 year veteran and he was the first officer to arrive on the scene after baby gabby was found in the jeep liberty about five hours after being stolen from her home. you feel obligated and what you sign up for. >> the officer tol